Terms and Conditions

General Terms and Conditions for Retail

As of April 2023

I. Scope of Application
All sales and service contracts entered into by our company—in particular those relating to the sale, manufacture, or repair of musical instruments, audio systems, audio system components, and other goods in our product range—are governed exclusively by these Terms and Conditions. We do not recognize any deviating terms and conditions submitted by customers.

II. Conclusion of Contract
[1] For a valid contract to be concluded, customer offers require our express acceptance, which is effected by sending a written order confirmation. The shipment or delivery of goods ordered by customers also constitutes the conclusion of the contract.
Electronic contractual declarations and other legally significant electronic declarations are deemed to have been received as soon as the contracting party for whom they are intended can access them under normal circumstances.
[2] Receipt of an electronic contractual declaration must be confirmed to the customer without delay; however, a confirmation of receipt does not constitute acceptance of the contract unless it expressly contains a declaration of acceptance. Likewise, customers who are consumers within the meaning of the Consumer Protection Act must be notified immediately of the refusal to fulfill an order due to the unavailability of the ordered goods.
[3] If a person acts on behalf of another party when concluding a contract, the contract is concluded with effect for or against the other party only if that party’s name (company name) and address, as well as the power of attorney to conclude the contract, have been fully disclosed to us. Otherwise, the representative acts as an indirect agent and thereby becomes our sole contractual partner. If the person acting on behalf of another party at the time of contract conclusion lacks valid authority, we have the right to choose whether to demand performance of the contract from this apparent agent or to claim damages for non-performance.
[4] Contract data is stored for billing purposes and can be viewed by the customer at any time by logging in.

III. Purchase on Trial
[1] If the customer purchases goods on the condition that they are approved after testing (purchase on trial), the trial period is five days, unless a shorter or longer trial period is expressly agreed upon.
[2] If the goods do not meet the customer’s requirements, they must be returned to us in a timely manner so that they are back in our possession before the trial period expires; otherwise, the goods shall be deemed approved and the transaction shall be legally binding.
[3] The goods are shipped at the customer’s expense and risk; the customer shall bear both the transportation costs for delivery and any return shipment, as well as the risk of loss, destruction, or damage. In the event of rejection, the customer must pay us a reasonable usage fee for the duration of the trial period, equal to the applicable rental fee for a rental device corresponding to the goods.

IV. Right of Withdrawal for Consumers in Distance Selling
[1] Customers who are consumers as defined by the Consumer Protection Act may withdraw from a contract concluded through distance selling or from a contractual declaration made through distance selling. The withdrawal period is seven business days, not including Saturdays. For contracts regarding the delivery of goods, the period begins on the day the goods are received by the consumer; for contracts regarding services, it begins on the day the contract is concluded.
[2] If we have not fulfilled our information obligations under § 5d(1) and (2) of the Consumer Protection Act (KSchG), the withdrawal period is three months, unless we fulfill our information obligation within this period. In this case, the seven-day withdrawal period begins at the time the information is transmitted.
[3] For the withdrawal to be effective, it is sufficient for the notice of withdrawal to be sent within the aforementioned time limits.

V. Consequences of Withdrawal
If the customer withdraws from the contract in accordance with Section III, they must
– immediately return the goods or services received and pay us reasonable compensation for their use, including compensation for any resulting reduction in the fair market value of our goods or services, and
– reimburse us for the direct costs of retrieving the goods to the extent actually incurred or return the goods to us at their own expense and risk.
On the other hand, the customer is entitled to a refund of any payments made and to reimbursement for any necessary or useful expenses incurred in connection with the goods.

VI. Exclusion of the Right of Withdrawal
As a consumer, the customer has no right of withdrawal in distance selling for contracts regarding
– services for which, as agreed, performance begins within seven business days of the conclusion of the contract;
– goods or services whose price depends on fluctuations in financial market rates over which we have no control;
– Goods manufactured to the customer’s specifications, which are clearly tailored to the customer’s personal needs, which are not suitable for return due to their nature, which may spoil quickly, or whose expiration date would be exceeded;
– Audio or video recordings or software, provided that the delivered goods have been unsealed by the customer;
– Newspapers, magazines, and periodicals, with the exception of contracts for periodical publications; and
– Home deliveries or recreational services (e.g., event technology, etc.).

VII. Prices
[1] Our prices are gross prices; they therefore include sales tax and all other taxes and surcharges. However, shipping costs incurred in connection with distance sales are to be borne separately by the customer.
[2] We do not guarantee the accuracy of cost estimates or estimates.

VIII. Terms of Payment
[1] In distance sales, the customer must pay the purchase price or fee for work in advance. The invoice amount will be provided to the customer for this purpose. The goods, along with the invoice, will be shipped only after receipt of the invoice amount. If payment is not made on time, we are entitled to ship the goods cash on delivery in order to meet agreed-upon or statutory delivery deadlines.
[2] Cash discounts and rebates require a separate agreement. Such an agreement becomes void in the event of any delay in payment or if payment accommodations (deferral/installment payments) are granted.
[3] Checks or bills of exchange are accepted only on account of payment; they extinguish the debt only to the extent of their actual collection. In the event of refusal to honor them, all fees and expenses shall be borne by the customer. The same applies to direct debit orders that are not executed.

IX. Late Payment
[1] In the event of late payment, the customer bears the risk of price fluctuation with respect to the subject matter of the contract.
[2] Furthermore, regardless of whether the customer is at fault for the late payment, the customer is obligated
to pay late payment interest at a rate of 4% per annum above the respective base interest rate of the ÖNB for the duration of the delay. This also applies to any delay in the payment of late payment interest.
[3] Furthermore, we have the option to demand performance of the contract and compensation for damages due to delay, or to withdraw from the contract after setting a 14-day grace period and to claim compensation for damages due to non-performance.
[4] In the event of late payment, the customer is obligated to reimburse us for the legal fees we incur, as well as any reminder and collection fees, to the extent that these are necessary for the appropriate legal pursuit of the claim, in accordance with the Regulation of the Federal Minister for Economic Affairs on the maximum rates of remuneration due to collection agencies. For claims we pursue ourselves, the debtor must pay reminder fees of €25.00 per reminder issued and a fee of €15.00 per half-year for record-keeping. The reminder and collection fees are index-linked based on the Consumer Price Index 2000 (the base figure is 110.0, as published for February). These fees change in the same proportion as the most recently published index figure at the time of default has changed relative to the base figure.

X. Default of Acceptance
[1] If the customer defaults on accepting our goods or services, the risk of loss passes to the customer, and the customer must reimburse us for the costs of the failed delivery. Furthermore, we are liable for any damage only in cases of gross negligence (gross negligence or willful misconduct).
[2] If the customer is in default of acceptance with respect to goods procured specifically for them or manufactured to meet their needs, the customer is obligated to accept the goods, and such default of acceptance triggers the same legal consequences as a default in payment (Section VI).

XI. Place and Time of Performance
[1] The place of performance for the mutual obligations is the registered office of our company, namely Vienna.
[2] Our deliveries and services are provided on or within the dates or deadlines agreed upon with the customer. The agreement of a delivery date does not constitute a fixed-date transaction unless such a transaction was expressly agreed upon.
[3] If no express agreement regarding the delivery time has been made, we will deliver within a reasonable period. For consumers as defined by the KSchG, delivery will occur no later than 30 days after the day following the submission of the order.

XII. Shipping in Distance Sales
If, in a distance sale, we ship the goods to a location other than the place of performance at the customer’s request, the risk passes to the customer as soon as we have handed over the goods to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment.

XII-A. Transfer of Risk upon Delivery
When goods are shipped, the risk of loss or damage to the goods does not pass to the consumer until the goods are delivered to the consumer or to a third party designated by the consumer who is not the carrier. However, if the consumer has concluded the contract of carriage themselves without making use of an option we proposed, the risk passes to the consumer as soon as the goods are handed over to the carrier.

XIII. Warranty
[1] In the event of any defects in the subject matter of the contract, the customer may initially only demand repair or replacement, unless these are impossible or would involve a disproportionately high cost for us compared to other remedies.
[2] If both repair and replacement are impossible, the customer is entitled to a price reduction.
[3] The customer is entitled to rescission (cancellation of the contract) only if neither repair, replacement, nor a price reduction is possible. The right to rescission does not apply in the case of minor defects.
[4] In all other respects—with regard to the conditions for asserting warranty claims and the place, time, and manner of their fulfillment—the statutory provisions apply.

XIV. Product Liability
Claims for recourse within the meaning of Section 12 of the Product Liability Act are excluded, unless the customer proves that the defect was caused within our sphere of control and was attributable to at least gross negligence on our part.

XV. Retention of Title
[1] Goods that have been delivered but not yet (fully) paid for remain our property until full payment has been made.
[2] In the event that we assert our retention of title and repossess our property, the customer must reimburse us for all expenses associated with asserting and repossessing the property.
[3] In the event of third-party claims against the goods subject to retention of title, particularly in the event of seizures, the customer is obligated to identify our ownership and to notify us immediately of such claims.
[4] Until our claim has been paid in full, the customer is strictly prohibited from disposing of the goods subject to our retention of title in any way. This applies in particular to the sale, pledging, and any other disposition that jeopardizes or restricts our right of ownership.
[5] The customer bears the full risk for the goods subject to our retention of title, in particular the risk of destruction, loss, or deterioration.

XVI. Choice of Law/Jurisdiction
Austrian law shall apply, with the exception of the United Nations Convention on Contracts for the International Sale of Goods, the applicability of which is expressly excluded. The parties agree to the jurisdiction of Austrian courts, i.e., domestic courts. In the case of contracts with businesses or consumers residing outside Austria, the parties submit to the jurisdiction of the District Court in Vienna, 1030 Landstrasse, for the resolution of all disputes arising from this contract, waiving any other place of jurisdiction.
[1] The language of the contract, orders, and business transactions is German.

XVII. Data Protection
The customer hereby consents to our automated storage and processing of the personal data included in the purchase agreement for the purpose of fulfilling this agreement. The customer is obligated to notify us of any changes to their residential or business address as long as the legal transaction covered by the contract has not been fully fulfilled. If such notification is not provided, communications shall be deemed to have been received even if they are sent to the last address provided.

Mediation Office We agree to participate in the mediation process of the Internet Ombudsman Office (
) in the event of a dispute:

www.ombudsstelle.at
For more information on the types of proceedings, visit www.ombudsstelle.at.
To resolve disputes with our company, you may also use the ODR platform at
: https://ec.europa.eu/consumers/odr

Our email address: office@musik-dinge.at

The contracting parties agree that Austrian law
shall apply. If the consumer has his or her domicile or
habitual residence in Austria, or is employed in Austria, a lawsuit against him or her may
only be brought before
the court in whose jurisdiction the domicile, habitual residence
, or place of employment is located; this does not apply to
legal disputes that have already arisen.